Publications

January 11, 2023
Article

Russia and Ukraine Are Not Ready for Talks: But They Might Get There If Ukraine Keeps Winning

By: James K. Sebenius and Michael Singh

While there are many calls for negotiation between Ukraine and Russia to end their war, there does now (early 2023) not appear to be a zone of possible agreement (ZOPA), since each side's best no-agreement option ("BATNA") likely appears superior to any mutually... View Details

Keywords: Diplomacy; Agreements; Ukraine; International Relations; War; Negotiation; Ukraine; Russia

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2018
Chapter

Are Licensing Markets Local? An Analysis of the Geography of Vertical Licensing Agreements in Bio-Pharmaceuticals

By: Juan Alcacer, John Cantwell and Michelle Gittelman

As the value chain of the pharmaceutical industry disaggregates, upstream discovery is increasingly carried out by small research-specialized firms while downstream development, testing and marketing is conducted by global pharmaceutical firms. Licensing plays an... View Details

Keywords: Geographic Location; Local Range; Rights; Research and Development; Biotechnology Industry; Pharmaceutical Industry

1984
Book

Negotiating the Law of the Sea: Lessons in the Art and Science of Reaching Agreement

By: James K. Sebenius

Keywords: Law; Agreements and Arrangements

March 2021
Article

The Impact of the General Data Protection Regulation on Internet Interconnection

By: Ran Zhuo, Bradley Huffaker, KC Claffy and Shane Greenstein

The Internet comprises thousands of independently operated networks, where bilaterally negotiated interconnection agreements determine the flow of data between networks. The European Union’s General Data Protection Regulation (GDPR) imposes strict restrictions on... View Details

Keywords: Personal Data; Privacy Regulation; GDPR; Interconnection Agreements; Internet and the Web; Governing Rules, Regulations, and Reforms

June 1998
Article

A New Takeover Defense Mechanism: Using an Equal Treatment Agreement as an Alternative to the Poison Pill

By: Guhan Subramanian

Keywords: Strategy; Agreements and Arrangements; Horizontal Integration

2019
Working Paper

The Impact of the General Data Protection Regulation on Internet Interconnection

By: Ran Zhuo, Bradley Huffaker, KC Claffy and Shane Greenstein

The Internet comprises thousands of independently operated networks, where bilaterally negotiated interconnection agreements determine the flow of data between networks. The European Union’s General Data Protection Regulation (GDPR) imposes strict restrictions on... View Details

Keywords: Personal Data; Privacy Regulation; GDPR; Interconnection Agreements; Internet and the Web; Governing Rules, Regulations, and Reforms; European Union

Summer 2013
Article

Nuclear Negotiations With Iran

By: Paul R. Pillar, Robert Reardon, James K. Sebenius and Michael K. Singh

Paul Pillar and Robert Reardon challenge the analysis and substantive policy inputs that Sebenius and Singh developed for their article "Is a Nuclear Deal with Iran Possible? An Analytic Framework for the Iran Nuclear Negotiations" (International Security 37, no. 3... View Details

Keywords: Nuclear Proliferation; Zone Of Possible Agreement; ZOPA; International Relations; Negotiation; Iran; United States

Winter 2012
Article

Is a Nuclear Deal with Iran Possible?: An Analytical Framework for the Iran Nuclear Negotiations

By: James K. Sebenius and Michael K. Singh

Varied diplomatic approaches by multiple negotiators over several years have failed to conclude a nuclear deal with Iran. Mutual hostility, misperception, and flawed diplomacy may be responsible. Yet, more fundamentally, no mutually acceptable deal may exist. To assess... View Details

Keywords: Nuclear Proliferation; Zone Of Possible Agreement; International Relations; Negotiation; Iran; United States

2017
Working Paper

BATNAs in Negotiation: Common Errors and Three Kinds of 'No'

By: James K. Sebenius

The best alternative to a negotiated agreement (“BATNA”) concept in negotiation has proven to be immensely useful. In tandem with its value in practice, BATNA has become a wildly successful acronym (with more than 14 million Google results). But the initial... View Details

Keywords: Negotiation; BATNA; Bargaining; Zone Of Possible Agreement; Reservation Price; Reservation Value; Agreements and Arrangements; Negotiation Tactics

SSRN

August 2017
Case

'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)

By: Lena G. Goldberg and Danielle V. Holland

The sudden departure to Hewlett-Packard of a top-level EMC Corporation executive who had full knowledge of EMC’s operations, business plans, and key personnel ignited a bi-coastal battle between two fierce rivals that was played out in courts competing for jurisdiction... View Details

Keywords: Non-competition Agreements; Key Employee Agreements; Litigation Strategy; Law; Preliminary Injunctions; Jurisdictional Disputes; Conflict Of Laws; Lawsuits and Litigation; Strategy; Contracts

Article

Considering Concessions: A Survey Experiment on the Colombian Peace Process

By: Aila M. Matanock and Natalia Garbiras-Díaz

Designing peace agreements that can be signed and sustained can be difficult in civil conflict. Many recent cases of successful settlements include electoral provisions, often for rebel groups to participate as political parties. Engaging the electoral process,... View Details

Keywords: Peace Process; Political Parties; Politics; Government; Agreements; Political Backlash; Political Discourse; Civil Unrest; Civil War; Political Issues; Governing Rules, Regulations, and Reforms; Government and Politics; Policy; Conflict and Resolution; Latin America; Colombia

July 2018 (Revised August 2018)
Case

Rocky Mountain Condiments: Close Encounters with the Legal System for the First Time

By: Lena G. Goldberg

The founder of a Colorado start-up focused on developing a line of condiments confronts a host of legal issues that threaten the viability of her young enterprise. She is suing a co-packer for, among other things, breach of contract, theft of recipes and trade secrets,... View Details

Keywords: Law And Regulation; Start-ups; Founders' Agreements; Cross-Border Jurisdiction; Torts; Consumer Protection; Non-disclosure Agreements; Intellectual Property Protection; Fraud; Legal Remedies; Law; Lawsuits and Litigation; Laws and Statutes; Business Startups; Contracts; Intellectual Property; Food and Beverage Industry

Research Summary

Overview

By: Shikhar Ghosh

I am focused on exploring the human side of developing early stage entrepreneurial ventures. These enterprises are characterized by the pursuit of opportunity, shortage of resources to pursue their goals and uncertainty at every step of the journey. Some of the... View Details

Keywords: Scale; Exit; Founders' Agreements; Success Measures; Entrepreneurial Risk; Founding Teams; Entrepreneurship; Failure; Europe; Middle East; Asia

August 2016
Case

Collective Academy

By: Shikhar Ghosh and Christopher Payton

This case is about making the decision to become an entrepreneur and early challenges in setting up a business model and team. In 2015, Pato Bichara co-founded Collective Academy to create an affordable, three-year undergraduate experience to infuse innovation into... View Details

Keywords: Early Stage; Team Building; Business Startup; Trade-offs; Risk; Founders' Agreements; Education; Entrepreneurship; Business Model; Business Startups; Decision Making; Technology Industry; Mexico; Latin America; United States

February 2014
Case

Tommy Koh: Background and Major Accomplishments of the 'Great Negotiator, 2014'

By: James K. Sebenius and Laurence A. Green

Significant negotiation-related achievements from the career of Ambassador Tommy Koh of Singapore are highlighted in brief form along with elements of his background and career. In light of these accomplishments, Koh was selected as the recipient of the 2014 Great... View Details

Keywords: Multiparty Negotiations; Dispute Resolution; Conference Diplomacy; Free Trade Agreements Environment; Environment; Singapore; ASEAN; United Nations; Negotiation; International Relations; Personal Development and Career; Trade; Conflict and Resolution; Singapore

July 2015
Case

Uncharted Play (A)

By: Shikhar Ghosh and Ali Huberlie

The case recounts the process of launching an early stage venture, from idea conception through initial efforts to validate the concept, followed by product launch, and fund raising. It emphasizes the Customer Value Proposition of the business model, and asks – Who is... View Details

Keywords: Early Stage; Female Protagonist; Value Proposition; Team Building; Founders' Agreements; Start-up; Entrepreneurship; Business Model; Business Startups; Sports; United States; North America; Nigeria; Africa

March 2022
Teaching Note

Getting Brexit Done

By: Alberto Cavallo

Teaching Note for HBS Case No. 720-023. View Details

Keywords: Brexit; European Union; Integration; Trade; UK; Free Trade Agreements Environment

August 2023 (Revised February 2024)
Case

DexAI

By: Jo Tango and Christina Wallace

During a challenging fundraising environment, the DexAI founders received two term sheets with nearly identical economic terms but very different legal ones. The entrepreneurs had to navigate: representations and warranties (their personal guarantees that the company's... View Details

Keywords: Venture Capital Term Sheet; Term Sheet; Term Sheets; Founders; Legal Aspects Of Business; Seed Financing; Founders' Agreements; Venture Capital; Entrepreneurship; Financing and Loans; Intellectual Property; Entrepreneurial Finance; Contracts; Business Startups; Agreements and Arrangements

Article

Hecho en México: Reflexiones de un viaje a China

By: Roberto Charvel and Rodrigo Gallegos

Keywords: Emerging Market; Capital Markets; Manufacturing; Free Trade Agreements Environment; Economic Development; Globalization; China; Growth and Development; Competition; Competitive Advantage; Manufacturing Industry; China; Mexico